What is a continuation reissue application?

A continuation reissue application is a type of reissue application that is filed to pursue additional subject matter related to the same invention as the parent reissue application. Unlike divisional reissue applications, continuation reissue applications are not typically filed for “distinct and separate parts of the thing patented.” The MPEP states: A continuation reissue application…

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How are reissue oaths/declarations handled in continuation reissue applications?

The handling of reissue oaths/declarations in continuation reissue applications depends on whether the application was filed before or after September 16, 2012, and whether the oath/declaration covers the error being corrected. The MPEP provides guidance: For applications filed on or after September 16, 2012: If the copy of the oath or declaration from the parent…

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How are claims presented in multiple reissue applications?

When multiple reissue applications are filed (such as divisional or continuation reissue applications), all claims of the original patent must be presented in each reissue application, but in different forms. The MPEP states: Pursuant to 37 CFR 1.177(b) all of the claims of the patent to be reissued must be presented in each reissue application…

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